Tex.
Occ. Code Section 565.055
Investigation; Confidentiality of Information
(a)
The board or the board’s authorized representative may investigate and gather evidence concerning any alleged violation of this subtitle or a board rule.(b)
Information or material compiled by the board in connection with an investigation, including an investigative file of the board, is confidential and not subject to:(1)
disclosure under Chapter 552 (Public Information), Government Code; or(2)
any means of legal compulsion for release, including disclosure, discovery, or subpoena, to anyone other than the board or a board employee or board agent involved in discipline of a license holder.(c)
Notwithstanding Subsection (b), information or material compiled by the board in connection with an investigation may be disclosed:(1)
during any proceeding conducted by the State Office of Administrative Hearings, to the board, or a panel of the board, or in a subsequent trial or appeal of a board action or order;(2)
to a person providing a service to the board, including an expert witness, investigator, or employee of an entity that contracts with the board, related to a disciplinary proceeding against an applicant or license holder, or a subsequent trial or appeal, if the information is necessary for preparation for, or a presentation in, the proceeding;(3)
to an entity in another jurisdiction that:(A)
licenses or disciplines pharmacists or pharmacies; or(B)
registers or disciplines pharmacy technicians or pharmacy technician trainees;(4)
to a pharmaceutical or pharmacy peer review committee as described under Chapter 564 (Program to Aid Impaired Pharmacists and Pharmacy Students; Pharmacy Peer Review);(5)
to a law enforcement agency;(6)
to a person engaged in bona fide research, if all information identifying a specific individual has been deleted; or(7)
to an entity that administers a board-approved pharmacy technician certification examination.
Source:
Section 565.055 — Investigation; Confidentiality of Information, https://statutes.capitol.texas.gov/Docs/OC/htm/OC.565.htm#565.055 (accessed Jun. 5, 2024).
